CHANDANLAL BHARILAL JAISWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The accused was tried in Sessions Case No. 101 of 1985 by the 2nd Additional Sessions Judge, Chandrapur under sections 314 and 316 of Indian Penal Code and 33 (1) , (2) , 36 (1) , (2) of Maharashtra Medical Practitioners Act, 1961 and section 7 (3) of the Medical Termination of Pregnancy Act, 1971.

(2.) The learned Sessions Judge convicted the accused for the offence punishable under sections 314 and 316 of the Indian penal Code and sentenced to suffer R. I. , for five years and fine of Rs. 1000/- and in default R. I. , for four months. The accused was also convicted for the offence punishable under section 33 (1) , (2) of Maharashtra Medical Practitioners Act, 1961 and sentenced him to pay fine of Rs. 500/- and in default R. I. , for two months. The accused was further convicted for the offence punishable under section 36 (1) , (2) of Maharashtra Medical Practitioners Act, 1961 and sentenced to pay fine of Rs. 500/ - and in default R. I. , for two months and under section 7 (3) of Medical Termination of Pregnancy Act, R. I. , sentenced to pay fine of Rs. 500/- and in default, R. I. , for two months.

(3.) The learned Sessions Judge, chandrapur framed charge against the accused to the effect that the accused with intent to cause miscarriage of Sau shantabai Satpute, a pregnant woman, without her consent, gave medicinal treatment and made unskilled and rough efforts to take out the foetus from the womb, which caused the death of unborn child as well of said Shantabai Satpute, and was therefore, liable for being tried for causing the death of an unborn child of Shantabai Satpute. Thirdly, the accused not being a doctor gave medical treatment and surgical treatment to the patient without being registered as such under different Maharashtra State acts and registeres prepared and maintained under the Indian Medical Council act. The accused was further charged for using title description letters or abbreviations which imply that the accused hold a degree, diploma, licence or certificate or any other like award as accused's qualification to practice any system of medicine, added to accused's name 'dr. L. DSC, R. M. P. M. S. M. S. R. No. 1107 and below it written in Marathi Balantan, Gupta Regi. Lahan mul, Dantkshay, General Surgeon Specialist and therefore, the accused had committed offence punishable under sections 314 and 316 of the Indian Penal Code, under section 33 (1) and (2) of the Maharashtra medical Practitioner's Act, 1961 and under section 36 (1) and (2) of the Maharashtra medical Practitioner's Act, 1961 respectively.